Latest by Christopher Whitehouse

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Game theory and the art of litigation strategy - Article 4

Published on 02 April 2019. By Christopher Whitehouse, Associate and Simon Hart, Partner

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Escaping the Hobbesian Trap – the impact of aggression in litigation settlement strategy

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What are the circumstances in which acting in breach of EU sanctions will kill a claim?

Published on 21 March 2019. By Andy McGregor, Head of Civil Fraud and Christopher Whitehouse, Associate

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An Iranian oil company was defrauded in a failed attempt to circumvent EU sanctions - does its claim survive the Patel v Mirza illegality test?

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ISDA agreement wins jurisdiction clause battle in Court of Appeal

Published on 04 September 2018. By Parham Kouchikali, Partner and Christopher Whitehouse, Associate

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The Court of Appeal recently confirmed that an English jurisdiction clause in the underlying International Swaps and Derivatives Association Master Agreement under which certain swaps were made should be applied to disputes relating to the swap transactions, rather than an Italian jurisdiction clause in a competitor agreement governing the parties' generic relationship

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That's not fair (market value)

Published on 03 May 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

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Court of Appeal rules on application of GMRA close-out provisions in a distressed market. Icelandic bank LBI ehf (LBI) appealed against the High Court decision in its case against Raiffeisen Bank International AG (RZB) regarding the interpretation of the term "fair market value" in the close-out provisions of a repo agreement. The Court of Appeal rejected LBI's arguments that "fair market value" should preclude the use of prices, quotations and other pricing evidence obtained in a distressed or illiquid market and dismissed the appeal.

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Game theory and the art of litigation settlement (Part 3)

Published on 01 May 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

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This article is the third in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

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Game theory and the art of litigation settlement (Part 2)

Published on 25 April 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

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This article is the second in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

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Game theory and the art of litigation settlement

Published on 06 April 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

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This article is the first in a series targeted at litigators that consider the issue of settlement in litigation through a mathematical lens.

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Litigation privilege: whose privilege?

Published on 15 March 2018. By Davina Given, Partner and Christopher Whitehouse, Associate

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The claimants, companies in the corporate group of the mining company MMG, applied to inspect certain documents created in foreign proceedings over which the defendants, companies belonging to the mining company Glencore, asserted litigation privilege.

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Documents from which legal advice can be inferred – are they privileged?

Published on 28 December 2017. By Christopher Whitehouse, Associate and Davina Given, Partner

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The High Court considered the extent to which legal advice privilege could attach to documents which were not communications of legal advice between lawyer and client but from which privileged legal advice could be inferred and held that privilege could indeed apply to such documents. The test is whether there is a "definite and reasonable foundation" for such an inference to be made as opposed to material that would merely make the reader speculate what the legal advice was.

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Football agent scores a victory in loss of a chance case

Published on 21 December 2016. By Christopher Whitehouse, Associate and Tom Hibbert, Partner

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The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.

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Acceptance or a counter-offer - what relevance are communications after the fact?

Published on 11 November 2016. By Christopher Whitehouse, Associate and Simon Hart, Partner

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In Caroline Gibbs v Lakeside Developments the High Court held that an email purporting to accept a settlement offer but attaching a consent order specifying a different payment date was not an acceptance but a counter-offer.

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'Disproportionate' disclosure application denied in swaps mis-selling claim

Published on 16 February 2016. By Christopher Whitehouse, Associate and Simon Hart, Partner

In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank.

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The better part of discretion is – an implied term?

Published on 07 August 2015. By Christopher Whitehouse, Associate and Davina Given, Partner

In Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC), the High Court implied a term imposing limits on a party's contractual discretion, ...

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Reflective loss – Court of Appeal decision mirrors the position in Gardner v Parker

Published on 27 February 2014. By Christopher Whitehouse, Associate

In the case of Malhotra v Malhotra & Anor[1], the claimant, Mr Rakesh Malhotra, had given a cross-undertaking in damages in support of a without notice injunction, which was later discharged.

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Litigation privilege – a cautionary tale

Published on 20 January 2014. By Christopher Whitehouse, Associate

In Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm), the Claimant, Starbev GP Ltd ("Starbev"), successfully challenged the claim of the Defendant, Interbrew Central European Holding BV ("ICEH"), to withhold inspection of two categories of documents on the ground of litigation privilege.

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Discretion to stay - exclusive jurisdiction clauses and foreign proceedings

Published on 21 November 2013. By Christopher Whitehouse, Associate

In Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm), ...

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Silence can be expensive - the dangers of ignoring an opponent's ADR Request

Published on 14 November 2013. By Christopher Whitehouse, Associate

In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]

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Greater than the sum of their parts – Belbin’s Analysis of Teams

Published on 02 October 2013. By Christopher Whitehouse, Associate

“Team Roles at Work” by Meredith Belbin is an almost scientific analysis of the different roles individuals can play in a team, how they interact with one another and how highly functional teams can be assembled.

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Nobody wants to buy sour milk

Published on 26 September 2013. By Christopher Whitehouse, Associate

This folksy catchphrase is at the heart of the business model of the last decade's most wildly successful company: Apple Inc.

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